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Richard Epstein

Richard Epstein is professor of law at NYU and the University of Chicago.

Series

3 Whisky Happy Hour3 episodesFederalist Radio Hour1 episodeParsing Immigration Policy1 episodeThe Learning Curve1 episodeThe Ricochet Podcast1 episode

Recent Episodes

Federalist Radio Hour
Federalist Radio Hour

‘The Myth Of Birthright Citizenship’

On this episode of The Federalist Radio Hour, American legal scholar Richard Epstein joins Federalist Elections Correspondent Matt Kittle to dissect the Citizenship Clause of the 14th Amendment and explain the constitutional case for judging citizenship on more than just birthplace. You can buy Epstein's book The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says here. The Federalist Foundation is a nonprofit, and we depend entirely on our listeners and readers — not corporations. If you value fearless, independent journalism, please consider a tax-deductible gift today at TheFederalist.com/donate. Your support keeps us going.
Host:
Matt Kittle
Organization
The Federalist
Parsing Immigration Policy
Parsing Immigration Policy

Birthright Citizenship Analysis Ahead of Supreme Court Decision

As the nation awaits a potentially landmark Supreme Court decision on birthright citizenship, the latest episode of Parsing Immigration Policy features renowned legal scholar Richard Epstein for an in-depth discussion of the constitutional, historical, and legal arguments surrounding the issue. Epstein, emeritus professor at the New York University School of Law and the University of Chicago Law School, senior fellow at the Civitas Institute at the University of Texas at Austin, and author of the new book The Myth of Birthright Citizenship, recently filed an amicus brief in the Supreme Court case Trump v. Barbara. In the brief, Epstein argues that the Citizenship Clause of the Fourteenth Amendment does not automatically confer citizenship on children born in the United States to illegal aliens. During the conversation, Epstein explains that understanding the issue requires careful textual and historical analysis of the Fourteenth Amendment, particularly the phrase “subject to the jurisdiction thereof.”
Host:
Mark Krikorian
Organization
Center for Immigration Studies

March 2025

3 Whisky Happy Hour
3 Whisky Happy Hour

The Three-Whisky Happy Hour: Emergency Midweek Edition

Why let our frenemies at the Commentary podcast (frenemies since they dissed the sacred McRib recently) have all the fun with their emergency podcasts: after today's errant Supreme Court rulings, it was necessary for the 3WHH bartenders —well two of us at least—to jump to our mics to express our outrage, but also to celebrate briefly Trump's tour de force speech before Congress last night. And not to mention the second installment of our conversation with Richard Epstein, this time on his slim, commendable, and highly readable short book, How Progressives Rewrote the Constitution. So sit back and enjoy your midweek dram of neat single malt with us.
Hosts:
'Lucretia'Steve Hayward
Organization
Ricochet
3 Whisky Happy Hour
3 Whisky Happy Hour

The Three Whisky Happy Hour: 180 Proof Edition

John Yoo is away this week, so the 3WHH has brought in a 180-proof guest in John's place—the great Richard Epstein, who speaks at an average rate of 125 words a minute, with occasional gusts of 200 words per minute. We discuss two of his many extraordinary books, the first being his 1992 title Forbidden Grounds: The Case Against Employment Discrimination Laws, which is newly salient in the aftermath of recent Supreme Court decisions like the Harvard/UNC case. Is it time to repeal (or substantially amend) the Civil Rights Act of 1964? In part two of our conversation, which we will release midweek, we take up his shorter book How Progressives Rewrote the Constitution (only 137 pages, which is Richard writes before breakfast most days). While Lucretia and I concentrate on large philosophical currents that drove the progressive counter-revolution against the American Founding, Richard lays out some of the specific step-by-step erosions of the rule of law that are central to the saga. But as Lucretia and I began our taping mid-day Friday we caught the news that the newest front in the Ukraine-Russia War had suddenly broken out in . . . the Oval Office, so we share a few preliminary thoughts on what it all means.
Hosts:
'Lucretia'Steve Hayward
Organization
Ricochet

March 2024

The Ricochet Podcast
The Ricochet Podcast

When Bureaucrats Gather

Richard Epstein brings his encyclopedic knowledge to help break down some of the pivotal matters being debated in Congress and before the Supreme Court. Plus, James and Rob look back on the Covid lockdowns four years later, along with Minneapolis' move against Uber and Lyft. Sound this week: Rep. Mike Gallagher (R - WI 08) on the Ingram Angle (FNC) speaking on TikTok
Hosts:
James LileksRob Long
Organization
Ricochet

October 2022

3 Whisky Happy Hour
3 Whisky Happy Hour

Richard Epstein, Censored by YouTube

Last February John Yoo and I hosted Richard Epstein, who needs no introduction for Ricochet members and listeners, for a lecture at Berkeley Law on his most recent book, The Dubious Morality of Modern Administrative Law. Given that we were still under a mask mandate on campus at the time, Richard decided to talk about our COVID misadventures as a prime example of the administrative state run amok. Following the lecture, we posted it to the law school's YouTube channel as we always do. Lo and behold, a few days ago YouTube took down the video of Richard's talk on ground that it violates YouTube's terms of service relating to spreading "misinformation" about COVID. Here's how the university's website for our Public Law and Policy Program now appears: Let that sink in: at the home of the modern "free speech" movement, YouTube has decided to play its Big Brother role to the hilt. YouTube further informs us that we have a "Community Guidelines strike" on our record, and a one-week probation period during which we are prohibited from posting any new content or streaming any event. (And we have a brand new lecture from Ilya Shapiro in the can and ready to go). Clearly the minimum response is to share the lecture with our listeners now. And so here it is. Stay tuned for updates.
Host:
Steve Hayward
Organization
Ricochet

July 2022

The Learning Curve
The Learning Curve

NYU Law Prof. Richard Epstein on the Founders’ Constitution & Federalism

This week on “The Learning Curve," co-hosts Gerard Robinson and Cara Candal talk with Richard Epstein, the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, and author of The Classical Liberal Constitution: The Uncertain Quest for Limited Government. He describes the influence of 17th and 18th-century English ideas on our Founding Fathers’ views of ordered liberty and self-government. He traces federalism’s legal roots and explains why the concept of “competitive federalism” among the states and with the national government remains hotly contested. They discuss federalism as it relates to education, with early state constitutions delegating wide authority to local governments and citizens. Professor Epstein distinguishes federalism from infamous states’ rights arguments from antebellum America, or unjust state and local laws like Jim Crowism and segregation, and offers insights on how to strike a balance between the federal, state, and local governments in terms of ensuring basic rights.
Hosts:
Cara CandalGerard Robinson
Organization
Pioneer Institute